What is the ruling regarding pursuing a debtor immediately after the lifting of bankruptcy restrictions (Hajr)?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the restriction (Hajr) is lifted, no one has the right to demand payment or pursue the debtor until he acquires wealth. If creditors claim immediately after the lifting of the restriction that he possesses wealth, their claim is disregarded until they establish the cause (of ownership). If they claim after a period, stating he possesses wealth, or claim this immediately after the lifting while explaining the cause, the judge summons him and questions him. If he denies ownership, his word is taken, provided he swears an oath, because the restriction was lifted on the basis that he had nothing left. If he admits ownership but attributes it to another, stating he is merely the agent or manager, and the beneficiary is present, the judge questions the beneficiary. If the beneficiary confirms the ownership, it belongs to him, and the judge requires an oath from the beneficiary to guard against collusion to shield the bankrupt from creditors. If the beneficiary denies it, the bankrupt is recognized as a liar, and the ruling reverts to him possessing the wealth, leading to the re-imposition of the restriction if the creditors request it. If he admits ownership to an absent party, the property remains under his control until the absent party appears for questioning, similar to the ruling for a present beneficiary.